Cape Cod Tech Services are proviced by affiliated partners and service providers.
On-Site Service Scope: Regular on-site service
is offered during the Principal Period Of Maintenance (PPM), 8:00
a.m. to 5:00 p.m., Monday through Friday, excluding Holidays. As
an alternative, and for an additional fee, service is offered for
an additional hourly charge outside the PPM subject to personnel
availability. The hourly charge, subject to a two-hour minimum fee
plus any associated travel charges, will be quoted to you prior
to a technician being dispatched. All Services will be performed
by qualified personnel with the aim of complete quality and your
satisfaction. Service provider will use reasonable efforts to
respond to your call(s) for service within one business day.
Holidays: Holidays include New Year’s Day,
Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, the day after Thanksgiving, and Christmas Day, unless you are
notified otherwise by service provider.
An Adult Must Be Present At Location: An adult
must be present at all times during the service technician’s
visit.
Assistance You Must Provide: The service technician must
receive full access to the System and (at no cost to service provider) have working space, electricity, and access to a local
telephone line. If these requirements are lacking, service provider is not obligated to provide On-Site Service.
If You Miss The Service Visit: If you or your authorized
representative are not at the location when the service technician
arrives, the service technician will leave a card to let you know
he or she was there. If this occurs, you may be charged an additional
fee for a follow-up Service call.
Warranty Parts: If the technician determines that
your System needs a replacement part that is still under warranty,
you authorize us to act as your service agent to
handle the return and delivery of the warranty part(s) necessary
to render on-site repairs. You agree to reimburse service provider promptly for all shipping and other charges it incurs in this process.
Backup: You agree that it is your responsibility
to backup the software and data on your System's hard disk drive
and on any other storage device(s) in the System before Service provider performs any services. You agree that Service provider
is not responsible for any loss of any software or data. Due to
the nature of technology, Service provider is not liable for
data or information loss in the event of media failure.
Viruses, worms, spy-ware, mal-ware: Due to the
nature of viruses, worms, spy-ware, mal-ware and their distribution
over the Internet, you understands that suggested and to be performed
actions in order to stop annoyances and vulnerabilities are only
preemptive.
Harmful Content: You also understands that viewing
potentially harmful content, as described by Internet Content Rating
Association (ICRA at www.icra.org ) or any other content rating
agencies, can download code creating an open back-door to the system
for an attacker. This is the most common way that viruses, worms,
spy-ware, mal-ware can get into the system.
Firewalls: You understand that a properly configured
firewall protects against KNOWN unauthorized access. With the constant
development of malicious code and attacks on the Internet, some
proprietary firewalls might not protect against possible future
attacks.
License Compliance: Service provider does not
distribute unlicensed software. You are responsible for valid compliance
of all software licenses for your system.
Pricing: Service provider Service fees is set
by technitian at the time a service technician arrives at your location;
and there is a two hour minimum fee for services. If special pricing
applies see the attached Pricing Schedule. Service provider reserves
the right to modify the Schedule on 30-days written notice. Consulting
and its associated fees by service provider are not covered under
this Service Agreement, but are available under a separate consulting
agreement. Minimum service fee is $100 per hour. Telephone support
fees are $50 per ½ hour with half an hour billing increments.
Payment Terms: All invoices are payable upon receipt.
If payment is not received within ten (10) days you will pay an
additional fee of 2% per month.
Term of Service Agreement: The term of this Agreement
is for duration of service. If not otherwise specified the terms
of this Agreement is 12-months from the date of the first service.
Force Majeure: Service provider is not liable
for any failure or delay in performance due to any cause beyond
its control. If Service provider’s ability to render repair
and consulting services is impaired by you or by circumstances beyond
service provider’s control, service provider may terminate
any future services and you will be fully responsible for incurred
up-to-date charges.
WARRANTY EXCLUSION. Service provider MAKES NO WARRANTY, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Service provider EXPRESSLY DISCLAIMS ALL WARRANTIES.
LIMITATION OF REMEDY. YOUR EXCLUSIVE REMEDY AND Service provider’s
ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER
THIS AGREEMENT IS THE REPAIR OF THE DEFECTIVE SYSTEM OR COMPONENTS
IN ACCORDANCE WITH THIS AGREEMENT. IF Service provider IS UNABLE
TO MAKE SUCH REPAIR, YOUR EXCLUSIVE REMEDY AND Service provider’S
ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED
THE CHARGE PAID BY YOU TO Service provider IN THE PRECEDING SIX
MONTHS OR $500, WHCHEVER IS GREATER.
UNDER NO CIRCUMSTANCES WILL Service provider BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES,
COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA,
OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT,
OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY
TO USE THE SYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED
HEREUNDER.
Neither service provider nor you may institute any action in
any form arising out of this Agreement more than three (3) months
after the cause of action has arisen, or in the case of nonpayment,
more than twelve (12) months from the date of delinquency.
With regard to any services that are not within the coverage of
this Agreement, it will be within service provider's discretion
whether to perform the services, and if service provider elects
to perform the services, the services will be subject to an additional
charge to be paid by customer.
